Legislation -
Bill Passed
With Amendment
(House)
(-) -
April 21, 2010

Legislation -
Bill Passed
(Senate)
(28-18) -
March 9, 2010(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote to pass a bill that makes various amendments to worker's compensation laws including decreasing the number of judges on the court and establishing a Special Magistrate to handle appeals.

Highlights:

-Reduces the number of judges on the Worker's Compensation court from 10 to 8 and establishes that 5 of the judges be assigned to the Oklahoma City Worker's Compensation Court and 3 be assigned to the Tulsa Worker's Compensation Court (Sec. 7).
-Extends a judges term from 6 years to 8 years and limits the length a judge can serve to one term (Sec. 7).
-Requires the Governor to fill any vacancies with the advice and consent of the Senate within 60 days of there being a vacancy and establishes that if the Governor fails to appoint a nominee within 60 days, the Chief Justice of the Supreme Court shall fill the vacancy with the advice and consent of the Senate (Sec. 7).
-Requires judges appointed to the court to have at least 5 years of experience practicing law and not less than 5 years of worker's compensation experience (Sec. 7).
-Redefines "major cause" to mean more than 50 percent of the cause that shall be established by a preponderance of evidence (Sec. 7).
-Establishes a panel of Special Magistrates consisting of 3 judges appointed by the Supreme Court with the authority to handle appeals to the court (Sec. 7).
-Exempts employers from liability for employee injuries that occurred outside of the course of employment. defining employment as starting when the employee reports for work and ends when they leave the place of employment except when the employee is required by the employer to work outside the place of employment (Sec. 9).
-Prohibits a claimant from receiving temporary total disability if a physician releases him or her for light duty work, the employer provides the employee with a light duty position, yet the employee refuses to accept said light duty assignment (Sec. 11).
-Establishes the following guidelines for cases of injury occurring on or after the effective date of this act (Sec. 22):

-The compensation will be 70% of the employee's average weekly wages, but no more than 50% of the state's weekly wages;
-In the case of serious and permanent disfigurement, compensation will not exceed $20,000 if the injury occurred before November 1, 2005, and will not exceed $50,000 if the injury occurred on or after November 1, 2005.